The Proper Care And Feeding Of Experts

Law360, New York (July 28, 2011, 6:26 PM EDT) -- There's usually a moment in a trial, just before the first expert testifies, when the judge tells the jury how experts are different from other witnesses. Experts don't have percipient, firsthand knowledge of the facts. Instead, they possess education, training or experience that permits them to share helpful opinions with the jury.

Such an instruction sounds like buildup. But based on what we hear from jurors once a case is over, that buildup is usually a prelude to disappointment.